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Exploring the relationship between law and society, this classic edition of Common Law and Feudal Society brings a key legal history text back to life in a popular new series. The close links between the Scots and English law in the Middle Ages have long been recognised. This text assesses the relevance of traditional approaches to Scottish legal history, setting the development of medieval law within the context of a society in which private lordship, exercised through courts and other less formal methods of dispute settlement, played a key role alongside royal justice. Based on extensive research, this book examines the brieves of novel dissasine, mortancestry and right, and legal remedies for the recovery of land, as well as aspects of the early history of the Scottish legal profession and the origins of the Court of Session.
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• Creation of voluntary obligations : contract, promise and third party rights
• Contents, effects and performance
• Getting out of the contract
• Breach of contract and self-help remedies
• Breach of contract and judicial remedies
• Illegal contracts and judicial control of unfair contract terms.

• PART I INTRODUCTION--
• 1. Intellectual property law: an introduction-- PART II COPYRIGHT--
• 2. Copyright
• 1: history, rationale and subject-matter--
• 3. Copyright
• 2: first ownership, moral rights and term--
• 4. Copyright
• 3: economic rights and infringement--
• 5. Copyright
• 4: exceptions, technical protection measure, and contracts--
• 6. Rights akin to copyright: database and performers' rights--
• 7. Contemporary issues in copyright-- PART III DESIGN PROTECTION--
• 8. Registered designs--
• 9. Un-registered designs-- PART IV PATENTS--
• 10. Patent regimes and the application process--
• 11. Patentability and infringement--
• 12. Contemporary issues in patent law-- PART V REGISTERED TRADE MARKS--
• 13. The function of a trade mark and the national, community and international regime--
• 14. Definition of a trade mark and registration--
• 15. Relative ground for refusing registration, infringement and defences--
• 16. Contemporary issues in trade mark law-- PART VI COMMON LAW PROTECTION OF INTELLECTUAL PROPERTY--
• 17. Passing off--
• 18. Breach of Confidence-- PART VII THE EUROPEAN DIMENSION--
• 19. Free movement of goods and intellectual property rights--
• 20. Intellectual property rights and EU competition law-- PART VIII EXPLOITATION, ENFORCEMENT, REMEDIES AND CROSS BORDER LITIGATION--
• 21. Exploitation of intellectual property rights, enforcement and remedies--
• 22. Intellectual property and international private law.
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This important new book offers a unique perspective on intellectual property law unrivalled among intellectual property textbooks available today. Beyond providing a thorough and up-to-date account of intellectual property law, the text examines the complex policies that inform and guide modern IP law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically with the subject matter. This book is written with the undergraduate firmly in mind and the authors make extensive use of practical examples, exercises and visual aids throughout the text to enliven the subject and stimulate the reader. The book is accompanied by a website where students and lecturers alike can access updates on major developments in the law, guidance on answering the discussion points provided in the book, web links and further reading.
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• The rise and fall of design copyright-- the road to reform-- the Copyright Designs and Patents Act 1988-- the European future.
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Available by subscription or individually through bookshops, "The Hume Papers on Public Policy", a quarterly journal, replaces the series of short monographs previously published by the David Hume Institute under the general title of "The Hume Papers". The journal is a forum for the publication of research on issues of public policy with especial reference to legal and economic aspects. Each issue deals with topical subjects in an accessible and scholarly way, and some are thematically linked. This volume of the journal updates the story of copyright, design and patents. It relates the history and assesses the limitations of copyright law from its inception in 1709, through the 1959 and 1988 Acts, to the present day. Detailing some of the seminal cases in the development of copyright law, this is a jargon-free and comprehensive guide to a complex area of law. The work is intended for students and lawyers specializing in intellectual property and competition.
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The close links between medieval Scots law and its English equivalent have long been recognized. Recently, however, the received views of legal development have been challenged by Professor S.F.C. Milsom. In this book Hector MacQueen assesses the relevance of the new theory to Scottish legal history. He sets the development of medieval law within the context of a society in which private lordship played a key role alongside royal justice. Based on extensive research, the book examines the brieves of novel dissasine, mortancestry and right, and legal remedies for the recovery of land, as well as certain aspects of the early history of the Scottish legal profession and the origins of the Court of Session.
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• PART I: INTRODUCTION--
• 1. Intellectual property law: An introduction-- PART II: COPYRIGHT--
• 2. Copyright1: History, rationale, and subject matter--
• 3. Copyright
• 2: First ownership, moral rights, and term--
• 4. Copyright
• 3: Economic rights and infringement--
• 5. Copyright
• 4: Exceptions, technical protection measures, and contracts--
• 6. Rights akin to copyright: database rights and performers rights--
• 7. Current issues in copyright-- PART III: DESIGN PROTECTION--
• 8. Registered designs--
• 9. Unregistered designs-- PART IV--
• 10. Patent regimes and the application process--
• 11. Patentability and infringement--
• 12. Contemporary issues in patent law-- PART V: REGISTERED TRADE MARKS--
• 13. The function of a trade mark and the natioal, community, and international regime--
• 14. Definitions of a trade mark and registration--
• 15. Relative ground for refusing registration, infringement, and defences--
• 16. Contemporary issues in trade mark law-- PART VI: COMMON LAW PROTECTION OF INTELLECTUAL PROPERTY--
• 17. Passing off--
• 18. Breach of confidence-- PART VII: THE EUROPEAN DIMENSION--
• 19. Free movement of goods and intellectual property rights--
• 20. Intellectual property and EU competition law-- PART VIII: EXPLOITATION, ENFORCEMENT, REMEDIES, AND CROSS BORDER LITIGATION--
• 21. Exploitation of intellectual property rights, enforcement, and remedies--
• 22. Intellectual property and international private law.
• (source: Nielsen Book Data)

Contemporary Intellectual Property: Law and Policy offers a unique perspective on intellectual property law, unrivalled amongst IP textbooks available today. Beyond providing an up-to-date account of intellectual property law, the text examines the complex policies that inform and guide modern IP law at the domestic (including Scottish), European and international levels, giving the reader a true insight into the discipline and the shape of things to come. The focus is on contemporary challenges to intellectual property law and policy and the reader is encouraged to engage critically both with the text and the subject matter. Carefully developed to ensure that the complexities of the subject are addressed in a clear and approachable manner, the extensive use of practical examples, exercises and visual aids throughout the text enliven the subject and stimulate the reader. Online Resource Centre The accompanying Online Resource Centre where students and lecturers alike can access extensive updates to the key areas of law, as well as pointers on answering the discussion points posed in the text.
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• Stair and the natural law tradition : still relevant? / Neil MacCormick
• Law, morality and Sir George Mackenzie / O.F. Robinson
• Sir Alexander Seton of Pitmedden / Douglas J. Cusine
• Scottish benefices and the Commissary Court of Edinburgh : the example of McGibbon v Struthers / Thomas Green
• Environmental legislation of the Scottish Parliament / Colin T. Reid
• Marriage (Scotland) Bill 1755 / Brian Dempsey
• Learning, honour and patronage : the career of Andrew McDouall, Lord Bankton 1746-61 / Andrew R.C. Simpson
• Scotland's first women law graduates : an Edinburgh centenary / Hector L. MacQueen
• Common law evolution : the influence of mixed legal systems / David Ibbetson
• Stair Society - the middle years / Thomas H. Drysdale
• "Strange habits of the English" / Lord Hope of Craighead
• Thoughts from nearly forty years ago / Karen Bruce Lockhart.

• The Capella Regis of the kings of Scotland, 1107-1222 / G.W.S. Barrow
• Some notes on wrang and unlaw / H.L. MacQueen
• Revisiting the foundation of the College of Justice / J.W. Cairns
• The legitimacy of the Earl of Arran / Peter McNeill
• William Barclay, professor of law at Pont-à-Mousson and Angers / A.F. Stewart
• Black Patie and Andro Umfra : a prosopographical study of "Just feir or dredour" in early seventeenth-century Shetland / A.D.M. Forte
• The post-union Court of Exchequer / A.L. Murray
• The heritors of Kingsbarns against Rev. James Beatson : an example of eighteenth-century written pleading / David R. Parratt
• Tailors of Aberdeen v. Coutts : a look behind the scenes / D.J. Cusine
• Scots law in the new world : its place in the formative era of American law / R.H. Helmholz
• Thomas Taylor's lectures on criminal law / James Chalmers
• The Stair Society : the early years / Thomas H. Drysdale.

• Introduction
• Scotland : nation and state
• Institutions : the constitutional background
• Institutions : courts, tribunals, judges and procedure
• Sources of law
• Legislation : European Union law
• Legislation : United Kingdom Parliamentary legislation
• Legislation : acts of the Scottish Parliament
• Legislation : United Kingdom delegated legislation
• Legislation : Scottish delegated legislation
• Legislation : application, construction and interpretation : statutory interpretation
• Precedent : ratio decidendi, obiter dicta and stare decisis
• Precedent : law reports
• Legal services
• Law reform.

A course on the Scottish legal system is a compulsory part of undergraduate degrees in Scots Law. The Scottish Legal System sets out to present the legal system and law of Scotland as a unique and constantly changing human enterprise and places the Scottish legal system in its broader political and social contexts. As well as case law on devolution and human rights issues in Scotland, this new fifth edition also covers: The Treaty of Lisbon 2007 as it came into force in 2009; The Scotland Act 2012; The Tribunals, Courts and Enforcement Act 2007; The Arbitration (Scotland) Act 2010; The Legal Services (Scotland) Act 2010; Reference is also made to further possible reforms to the system in the future resulting from the Gill Review of Civil Justice. This text is an invaluable introduction for students and anyone with an interest in the Scottish legal system.
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• 1. Table of Statutes
• 2. Table of Cases PART1: NATURE AND FORMATION OF THE CONTRACT OF SALE
• 3. Sources of the Law of Sale of Goods
• 4. Definition and Nature of the Contract of Sale
• 5. Formation of the Contract
• 6. Formalities
• 7. E-commerce
• 8. Subject Matter of the Contract
• 9. The Types of Obligation Created
• PART 2: THE DUTIES OF THE SELLER
• 10. The Existence of the Goods
• 11. The Duty to Pass a Good Title
• 12. The Duty to Deliver the Goods
• 13. The Duty to Supply the Goods at the Right Time
• 14. The Duty to Supply the Goods in the Right Quantity
• 15. The Duty to Supply the Goods of the Right Quality
• 16. Exclusion of Seller's Liability
• 17. Product Liability and Consumer Protection
• PART 3: THE DUTIES OF THE BUYER
• 18. The Duty to Pay the Price
• 19. The Duty to Take Delivery
• PART 4: THE EFFECTS OF THE CONTRACT
• 20. The Transfer of Property
• 21. Risk and Frustration
• 22. Transfer of Title by a Non-Owner
• PART 5: EXPORT SALES
• 23. Export Sales
• 24. Export and Import Licences
• 25. Bankers' Commercial Credits
• PART 6: THE REMEDIES OF THE SELLER
• 26. Real Remedies
• 27. Personal Remedies
• PART 7: THE REMEDIES OF THE BUYER
• 28. Rejection of Goods
• 29. Rescission for Misrepresentation
• 30. Action for Damages
• 31. Specific Performance Index.
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This book is a core text of great authority in the area of contract law and is the leading UK text on the area of sale of goods. It gives a full and detailed account of the English law of the sale of goods. This 10th edition is right up to date and presents the opportunity to tackle recent technological developments. It features an editor for the Scottish jurisdiction, Professor Hector McQueen.
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This volume is part of a series of short books which deal with topical issues in public policy in an accessible way. "Privacy and Property" presents essays on aspects of the law relating to privacy and property. Chapters examine the right of privacy, property rights in the human body and regulation of trade in human organs, the future of intellectual property, and aspects of privacy and property from an economist's perspective. Contributors include W.R. Cornish, Antony Dnes, Martin Hogg, Alexander McCall Smith and Hector MacQueen.
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This is an issue of our quarterly journal Hume Papers on Public Policy - the journal of the David Hume Institute.
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• Preface-- List of Contributors-- List of Abbreviations--
• 1. Ius Commune and the Principles of European Contract Law - Contemporary Renewal of an Old Idea, Reinhard Zimmermann--
• 2. Good Faith, Hector L. MacQueen--
• 3. Offer, Acceptance, and the Moment of Contract Formation, Geo Quinot--
• 4. The Battle of Forms, Angelo D. M. Forte--
• 5. Agency, Laura Macgregor--
• 6. Threats and Excessive Benefits or Unfair Advantage, Jacques du Plessis--
• 7. Interpretation, Eric Clive--
• 8. Third-Party Contracts, Philip Sutherland--
• 9. Payment, Charl Hugo--
• 10. Specific Performance and Special Damages, Sieg Eiselen--
• 11. Termination for Breach of Contract, Tjakie Naude--
• 12. Assignment, Gerhard Lubbe--
• 13. Capitalisation of Interest, Max Loubser-- Appendix: The Principles of European Contract Law-- Table of Cases-- Index.
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This volume sets out initially to test the claim that, as combinations of Civil and Common Law influences, the mixed systems of contract law in Scotland and South Africa have anticipated the content of the Principles of European Contract Law (PECL) concluded and published in 2003 by the unofficial Commission on European Contract Law. The studies go much further, however. Current official moves towards a European contract law within the European Union lend the critiques of PECL offered in this volume an especial urgency and significance. A European contract law is nearer to reality than ever before, and mere policy critiques of that possibility are no longer enough. Technical and substantive assessments of PECL are also essential. This book provides just such assessments from the perspective of Scots and South African contract lawyers, and is offered to the European debate without prejudice as to the deeper policy questions.At the same time it may help to inform Scots and South African lawyers about the substance of international developments in the field, and suggest ways in which their still vigorous and vital national laws may continue to be developed to remain in step with the needs of the present day.
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• The textual tradition of Stair's "Institutions", with reference to the title "Of liberty and servitude" / Adelyn L.M. Wilson
• William Cranston, notary public c. 1395-1425, and some contemporaries / W.W. Scott
• Another fifteenth-century case / Alan Borthwick and Hector MacQueen
• Birlaw courts and birleymen / W. David H. Sellar
• Four models of union / J.D. Ford
• The trial of Captain Green / Sheriff J. Irvine Smith
• Scots lawyers, England, and the Union of 1707 / John Finlay
• The maritime rights of the magistrates of Rothesay / Ian Maclagan
• Reshaping private law in Victorian Britain : the view from Westminster / Michael Lobban
• Letters from Inveraray : the eighth Duke of Argyll's correspondence with the first Marquess of Dufferin and Ava, with particular reference to Gladstone's Irish land acts / N.M. Dawson
• Law at the edge : legal encounters on a maritime periphery / W.N. Osborough
• Life on the Law Lords' corridor : the last forty years / David Hope
• The Stair Society - constitution; publications.

Bill Wilson, who was Lord President Reid Professor of Scots Law at the University of Edinburgh, died in 1994. This collection is dedicated to Bill Wilson's memory: it develops themes of his writings and teaching as well as being memoir and bibliography of his books and articles. A team of leading academic lawyers analyse the current state of Scots law and its future prospects.
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• 1. The civil law in European codes / Reinhard Zimmermann
• 2. 'A token of independence': debates on the history and development of Scots law / Niall R. Whitty
• 3. The Scottish civil code project / Eric Clive
• 4. Scots law in Europe : the case of contract / Hector L. MacQueen
• 5. Scottish property : a system of Civilian principle : but could it be codified? / David L. Carey Miller
• 6. ' ... Quae ad ius Cathalanicum pertinet' : the civil law of Catalonia, ius commune and the legal tradition / Ferran Badosa Coll
• 7. The codification of Catalan civil law / Nuria de Gispert i Catala
• 8. Unification of the European law of obligations and codification of Catalan civil law / Santiago Espiau Espiau
• 9. From revocation to non-opposability : modern developments of the Paulian action / Antoni Vaquer
• 10. Epistle to Catalonia : romance and rentabilidad in an anglophone mixed jurisdiction / Shael Herman
• 11. Estonia and the new civil law / Martin Kaerdi
• 12. The positive experience of the Civil Code of Quebec in the North American common law environment / Claude Masse
• 13. From the code civil du bas Canada (1866) to the code civil Quebecois (1991), or from the consolidation to the reform of the law : a reflection for Catalonia / Esther Arroyo i Amayuelas
• 14. The evolution of the Greek civil law : from its Roman-Byzantine origins to its contemporary European orientation / Eugenia Dacoronia.

Regions within European Union member states (such as Scotland in the UK and Catalonia in Spain) have their own legal systems: how will the process of 'Europeanization' affect them? This volume examines the phenomenon of 'regional' private law in the European Union, considering jurisdictions and laws below those of the member states and drawing comparisons with other such jurisdictions elsewhere in the world, such as Louisiana and Quebec. The whole is considered in relation to the development of European private law, and the use of codification in that process. This volume will be of interest to academic lawyers worldwide, advanced law students and European policy-makers.
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